HC: People polluting the water bodies should be termed as 'Goonda' as per Section 2 of the Tamil Nadu Act [Read Order]

04 Dec 2020

By : Chetan Nagpal

The Madras HC took suo moto cognizance of an issue reported in an English newspaper pertaining to untreated effluents that are discharged from the dyeing units and other companies into the River Amaravathi and thereby, polluting the entire river.

The Court highlighted that the main source of water pollution in India is untreated sewage and despite that, no proper steps or plans have been made regarding pollution control. Although the Pollution Control Board (PCB) is keeping a check on pollution the treatment of sewage remains an issue unaddressed.

When the water bodies are polluted, the court said, not only the water, but the soil is also polluted and the water becomes unfit for drinking purposes as well as for cultivation. It furthermore affects animals. While stating that this issue prevails throughout the nation, the court said, “Pollution of water bodies causes a lot of health hazards to the people and it also affects the environment as well. Therefore, serious and emergent steps have to be taken to prevent and control the pollution of water bodies.”

Reliance was made on Vellore Citizens Welfare Forum v. Union of India which directed the polluters to pay compensation on the principle of polluters' pay.

Looking at the gravity of the situation the court was of the opinion that, “Those who are polluting the water bodies should be termed as 'Goonda' as per the definition in Section 2 of the Tamil Nadu Act 14 of 1982, by amending the provisions to include the Promoters, Directors, Partners and all connected with the polluting industries and should be detained under the Act 14 of 1982, in case, if there is pollution caused by the said industries/companies.”

The Court stated that in the past the government has called the people indulged in piracy as ‘goonda’ by amending the aforementioned act.

The court thus suo moto impleaded, The State of Tamil Nadu, represented by its Secretary, Home Department, Secretariat, Chennai – 600 009; (ii) The Secretary to Government, Industries Department, Secretariat, Chennai – 600 009; and (iii) The Secretary to Government, Law Department, Secretariat, Chennai – 600 009, as respondents 6 to 8 in this writ petition.

The Court further raised the following questions:-

How many industries/companies are letting the untreated effluents into the water bodies in Karur District [with name and address]?
What is the available mechanism to verify as to whether the treated effluents or untreated effluents are discharged from the industries?
How many industries are straightaway letting the effluents into the water bodies by digging channels [necessary photographs to be filed]
What is the action taken in this regard?
Whether Karur Municipality is discharging untreated sewage into the water bodies?
Why not the State Government amend the relevant provisions of the Tamil Nadu Act 14 of 1982 to include the Promoters, Directors, Partners and all connected with the polluting industries, which are polluting the water bodies by letting in untreated industrial sewage into the water bodies?